1841 – The will of Samuel Hammond Turner
This is the last Will and Testament of me Samuel Hammond Turner of Birmingham Heath near Birmingham in the County of Warwick Button Manufacturer.
In the first place, I direct that all my just debts and funeral and testamentary expenses be paid as soon as can be after my decease. I bequeath to my trustees and Executors hereinafter appointed nineteen guineas each as an acknowledgement for the trouble of executing my Will.
And I give to my Brother Henry my favourite Old Horse “Jack”. I bequeath to my Wife the use and enjoyment of my household furniture and the plate, books, pictures and prints of which I shall die possessed or such part thereof respectively as she may require during her life and after her decease I direct the same articles to be disposed of as part of the residue of my personal Estate.
I devise all my real Estate (except Estates vested in me as trustee or mortgagee) and I bequeath the residue of my personal Estate to my said Brother Henry and my Brother in law George Davy Bragg their heirs executors, Administrators and assigns respectively upon trust to sell my real Estate together or in parcels by public Auction or by private ______ and to convert and get in my residuary personal Estate and invest the monies to arise from my real Estate and residuary personal Estate in the names or name of the trustees or trustee for the time being of this my Will in or upon any of the public stocks, funds or securities of the United Kingdom or any real securities in England or Wales including copyhold and leasehold securities with liberty for the said trustees or trustee in their or his discretion to vary and transpose the investment from time to time for any other investment of the description aforesaid and upon further trust to permit and empower my said wife to receive the yearly produce of the trust funds constituted of such monies or of the stocks funds or securities whereon the same shall be invested during her life ________________ maintaining _____________ educating and bringing up my sons for the time being under the age of twenty one years and my daughters for the time being under that age and not having been married.
And after the discrimination of the trust lastly hereinbefore notarised that as to the same trusts monies stocks funds and securities and the annual income thereforth to become due for the same in trust for all and every child and my children who being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or be married for the absolute benefit of such children respectively.
And all the shares respectively to be interests vested in such children respectively at the several ages or periods aforesaid provided nevertheless and it is my Will that in case any or either of my children shall die before he she or they shall have acquired a vested interest or vested interests in the said trust promises under the trust aforesaid having lawful issue living at his her or their death or respective deaths then and in such case I direct and declare that the issue of the child or children respectively so dying shall if and when such issue respectively shall live to attain the age of twenty one years take and be entitled to (if more than one equally among them) the share or respective shares in the said trusts promises which his her or their parent or respective parents would have taken under the trust aforesaid if he or they being a son or sons had attained the age of twenty one years or being a daughter or daughters had attained the age of twenty one years or been married but if there shall be no child of mine who being a son shall attain the age of twenty one years or dying under that age shall leave lawful issue living at his decease or being a daughter shall attain that age or be married then I desire that my said trustees or trustee shall stand possessed of the said trust monies and the stocks funds and securities whereon the same shall be invested and the annual income thereof in trust to divide the same equally between my Brothers William Hammond Turner and Henry Turner who shall have vested interests in their respective shares on my decease provided always
And I direct that notwithstanding the trusts hereinbefore contained ___________ to the trust in favour of my children my said trustees shall as and when during the subsistence of all or any of such __________ trusts any and every child of mine being a son shall attain the age of twenty one years or being a daughter shall attain that age or be married raise and pay to such child in part satisfaction of his or her share of my trust Estate the sum of five hundred pounds but my said trustees shall nevertheless have a discretionary power at the request of my said Wife to suspend the payment of the portion of any one or more of my children under the last preceding provision until after the death of my said wife or for such shorter period as my said trustee or trustees shall with the cognisance of my said Wife think proper the portion or portions so retained until the actual payment of the same respectively being improved at interest for the benefit of the child or children entitled thereto provided always and I declare that it shall be lawful for any said trustees after the death of my said Wife and thenceforth so long as any child of mine being a son shall be under the age of twenty one years or being a daughter shall be under that age not having been married to apply the whole or any part of the yearly product of the share or presumptive share of each such child in or towards his or her maintenance or education or otherwise for his or her benefit.
And I direct that the unapplied income shall be accumulated and the accumulations thereof shall be liable to be applied in like manner and subject to such liability shall be deemed accretions to the capital whence the same income arose. And I further declare that the provision for maintenance lastly hereinbefore contained shall equally extend and be applicable to _________ or presumptive share or respective share of the issue of any child or children of mine who shall die leaving issue in the manner hereinbefore mentioned until such issue shall attain the age of twenty one years when he she or they will acquire a vested interest respectively in his her or their parents or respective parents shares under the provision in that behalf hereinbefore contained provided also and I further direct and declare that it shall be lawful for my trustees or trustees with the consent in writing of my Wife during her life and after her death at their or his own discretion to apply not exceeding one half of the principal of the presumptive _________ share or respective presumptive or _________ shares of any one or more of my said children or the issue of such children in the said trust fund and promises before the period of vesting such a share respectively under the trusts aforesaid in or towards establishing my son or sons respectively in some profession or business or otherwise for his her or their advancement __________ in life as my trustees or trustee shall think provided always.
And I desire that my trustees or trustee shall have full discretionary power to postpone for such period as to them or him shall seem expedient the sale of all or any part of my real Estate and the conversion or getting in of any part of my residuary personal Estate which shall at my death consist of stocks, funds or securities of any description whatsoever including personal securities yielding income and also to permit the whole or any part of my capital which at the time of my death shall be embanked in the trades which I now carry on in Partnership with my Brothers and other persons to remain in my Partner’s hands at interest on their personal security but the unsold real Estate and outstanding personal Estate shall be subject to the trusts hereinbefore contained concerning the monies stocks trusts and securities aforesaid and the rents and yearly produce thereof be ___________ assessed income for the purposes of such trusts and such real Estate shall be transmissible as personal Estate under the trusts hereinbefore contained.
I devise all real Estates if any (vested in me as a trustee or mortgagee) to the said Henry Turner and George Davy Bragg upon such trusts and subject to such equities as shall at my decease be investing something the same respectively. I empower my trustees to give receipts for all monies and effects to be paid or delivered to them by virtue of this my Will and declare that such receipts shall exonerate the persons taking the same from liability to see to the application or disposition of the monies or effects there mentioned provided always.
And I declare that if my said trustees or either of them or any person or persons to be appointed under this present provision shall die or be unwilling or incompetent to execute the trusts of my Will or shall cease to reside in England it shall be lawful for my wife during her life and after her death for the surviving or continuing trustee or in default of any such then the retiring trustee or the executors or administrators of the last surviving trustee as the case may be by any writing under her his or their hand or hands to appoint any new trustee or new trustees in whom alone or as the case may be jointly with the surviving or continuing trustee or trustees my trust Estate shall be vested and the trustees for the time being of my Will shall be competent to exercise the powers and discretion given to the trustees herein named.
And I direct respective trustees for the time being of this my Will shall be responsible only for such money as shall come to their own respective hands and that they shall not be answerable for involuntary losses or for the acts deeds of defaults of each other. And I direct that my trustees may deduct and mutually allow to each other all disbursements and expenses incident to the execution of my Will. And lastly I appoint my said trustees Henry Turner and George Davy Bragg to be executors of this my Will.
In witness whereof I the said Samuel Hammond Turner the Testator have to this my last Will and Testament (written upon five sheets of paper) set my hand to each of said sheets this twentieth day of December in the year of our Lord one thousand eight hundred and thirty nine.
Signed and declared by the said testator Samuel Hammond Turner as and for his last Will and Testament in the presence of us who being present at the same time have subscribed our names as witnesses thereto. GP Wragge Solicitor Birmingham Jn Onion his clerk
Proved at London 5th October 1841 before the Judge by the Oath of Henry Turner the Brother and George Davy Bragg the executors to whom Admon was granted having been first sworn (by _____) only to administer.